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UKCPM ticket no NtD, NtK arrived more than 14 days after dated.

tidegu
tidegu Posts: 83 Forumite
Update: I have received the court hearing is due the week next, and received the claimant's response, what should I do next?

I received a NtK from UKCPM on 15 Dec, which was dated 1 Dec, no NtD was issued to the car.

I have a few questions:

1. Is is compulsory for the attendant issue a NtD before gathering my detail from DVLA?

2. I received the NtK well after 14 days of it been issued, so even if I want to pay, I lost the discount period. However, there isn't any stamp on the envelop so I can't prove it, what should I do?

3. I have read the newbies thread and many other threads relate to UKCPM, and understood IPC is not on our side, so challenge seems to be much more difficult, is it still worth to do that?

4. The signage still says BPA member, their website still shows they are member of BPA, but they're no longer on BPA list (I well known it was since October), is it could possibly a wining point?

5. I am familiar with POPLA template, should I draft one with similar grounds to IPC / first appeal?

6. NtK says the allegation was at 17:21, however, all photo evidences says 16:54~16:57, is there any possible to challenge I only stopped for 3 minutes to read the signage and should be graced?

7. They asks for £1.5 charge for all card payment, is it legal?

Many thanks for your help and please find the following photos:

PCN Front side
28vbms9.jpg

PCN Back side
qsa39u.jpg

Evidence Photo 1 (16:55:45)
2076em9.jpg

Evidence Photo 2 (16:56:14)
mlo6u1.jpg

Evidence Photo 3 (16:56:24)
9lhoog.jpg

Evidence Photo 4 (16:56:33)
2qx6x07.jpg

Evidence Photo 5 (16:56:42)
20l1oxt.jpg

Evidence Photo 6 (16:56:52)
4fz4zo.jpg

Evidence Photo 7 (16:57:14)
a2ettj.jpg

Evidence Photo 8 (16:58:31, mentions BPA without IPC, and clearly not BPA compliant)
2w73ebt.jpg

Payment website screenshot (Again only mentions BPA)
2sbn1uc.jpg
«13456710

Comments

  • pappa_golf
    pappa_golf Posts: 8,895 Forumite
    1,000 Posts Combo Breaker
    well the signage is clearly non compliant , read this https://bmpa.zendesk.com/hc/en-us/articles/203717111-UK-Car-Park-Management-Ltd
    Save a Rachael

    buy a share in crapita
  • tidegu
    tidegu Posts: 83 Forumite
    pappa_golf wrote: »
    well the signage is clearly non compliant , read this https://bmpa.zendesk.com/hc/en-us/articles/203717111-UK-Car-Park-Management-Ltd

    Thanks. I've just read this page. Seems that this incident was happened before they changed to IPC. I'm kinda familiar with BPA / POPLA procedures, but IPC seems a complete different story to me :( Hope to see some case on IPC challenges - I have tried for quite a while but haven't found some similar / useful case. Any further suggestions? Thanks!
  • pappa_golf
    pappa_golf Posts: 8,895 Forumite
    1,000 Posts Combo Breaker
    umm check the dates , your incident happened on the 29/11/2015 and they left the BPA on 01/10/2015 , so therefor there signage means diddly squat as it gives false information


    read the newbies thread regarding IPC appeals , some say yes others say no , however a nice paper trail and a silly rebuttal from the IPC , is always worth a laugh , especially to a judge
    Save a Rachael

    buy a share in crapita
  • tidegu
    tidegu Posts: 83 Forumite
    pappa_golf wrote: »
    umm check the dates , your incident happened on the 29/11/2015 and they left the BPA on 01/10/2015 , so therefor there signage means diddly squat as it gives false information


    read the newbies thread regarding IPC appeals , some say yes others say no , however a nice paper trail and a silly rebuttal from the IPC , is always worth a laugh , especially to a judge

    I noticed that. I'm not sure if the signage gives false information, is it still valid and enforceable? Would this possibly a wining point?

    I do thinking to challenge it, especially after it was delivered late. It is insane to pay them £101.5 (including card fee).
  • System
    System Posts: 178,376 Community Admin
    10,000 Posts Photogenic Name Dropper
    I'm not sure if the signage gives false information, is it still valid and enforceable

    If they want to enforce the details on the sign e.g. the amount, they can't pick and choose the details that suit them. The sign IS the contract.

    Its either the full sign or not at all. Ask for a POPLA code as shown on the signs.
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    edited 19 December 2015 at 10:05AM
    They asks for £1.5 charge for all card payment, is it legal?

    No, report it to your local Trading Standards Officer in writing


    http://www.moneysavingexpert.com/news/cards/2013/04/credit-and-debit-card-fee-clampdown-begins

    In my opinion, displaying a BPA logo when you are a member of the IPC amounts to fraud, or an offence under the TDA, I may very well decide to park in a BPA site, but not one controlled by the IPC. Rreport this also to the TSO

    Finally they may be dodging v.a.t. If, as they claim, this is contractual charge, it is a fee for parking, and thus vatable. Have they accounted for vat on their paper work?

    Ask them for a vat invoice. If they ignore your request, (which they probably will), it is a useful stick with which to beat them if it ever gets to court.

    More reading here
    https://forums.moneysavingexpert.com/discussion/5033796=

    https://forums.moneysavingexpert.com/discussion/5195437

    https://forums.moneysavingexpert.com/discussion/5087925=

    If you suspect tax evasion report it to the fraud hot line here


    http://forums.moneysavingexpert.com/showthread.php?t=5087925&highlight














    You never know how far you can go until you go too far.
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    You should check with the DVLA as to when they requested your name and address from them. If it was after 1/12/15, then clearly they are lying about the date on the NTK and that would blow them out of the water.
  • Quentin
    Quentin Posts: 40,405 Forumite
    You are easy for them to identify you (eg date/time/location/timestamps on photos etc)

    Edit everything and make sure you cannot be identified by the ppc
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    edited 19 December 2015 at 11:46AM
    I cannot think that this is important, Quentin. They have shot themselves in the foot so many times here that they haven't a leg to stand on.


    Why not let the PPC know the hopelessness of their claim, and how much this is going to cost them.
    You never know how far you can go until you go too far.
  • Regarding VAT....

    Should a PPC's VAT No. be shown on a PCN?

    I have read HMRC's website info and a post on PePiPoo regarding VAT but wondered if anyone has a definitive answer.

    I own a VAT registered business so know something about the workings of it.
This discussion has been closed.
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